Settlement Visa (ILE Endorsement) from Overseas

Hi Guys,

I will be very grateful if someone could share advice regarding my wife's (Tier 1 Dependent) settlement visa from overseas.

Currently my wife is in India as she is pregnant and the due date is by the end of Jan, 2013. She came to the UK as dependent (Tier 1 dependent valid till March 2013) on Oct 2010 and she traveled to India on Nov 2012 after passing LIUK test on 19-October-2012, for delivery.

I will be eligible for ILR in March, 2013 and have booked for PEO appointment(for myself) early Feb.

Based on the above:

Will my wife be able to apply for ILE endorsement once I get the ILR (as she has lived with me for 2 years in the UK and has the LIUK pass letter), assuming I will be successful with my ILR and travelling to India immediately after getting my BRP?

What type of visa can my baby (the due date is 1 week before my PEO appointment) apply for, assuming my ILR is successul?

I have referred to following 2 posts which are somewhat related to my query but which I feel is not the same. So trying again.

-> http://www.immigrationboards.com/viewtopic.php?t=121492
-> http://www.immigrationboards.com/viewtopic.php?p=474931

Thanks,
alladin

Your spouse cannot be granted ILE.

vinny wrote:Your spouse cannot be granted ILE.

Thanks vinny for responding. May I ask why she cannot apply for ILE OR the conditions that are not met when she makes her application

cheers,
alladin

there are no immigration rules that permit a spouse to apply for ILE.

Greenie wrote:there are no immigration rules that permit a spouse to apply for ILE.

Thanks Greenie for your reply. Thats good to know. The reason I asked was because apart from the link here http://www.ukba.homeoffice.gov.uk/polic ... 9/#header8, I was not able to find a specific page which mentions the applicability of ILE. I could be wrong but, is it automatically given to the applicant if he/she is eligible.

It would be much appreciated if you could share the source of this information.

Cheers,
alladin

Your wife is not eligible for ILE. ILE was previously given to spouses of British citizens/settled persons who had been married for at least 4 years and living together outside the UK for that time, and who were then seeking to settle in the UK. This rule was scrapped on 9 July 2012. ILE has never been granted to spouse in your wife's situation.

Greenie wrote:Your wife is not eligible for ILE. ILE was previously given to spouses of British citizens/settled persons who had been married for at least 4 years and living together outside the UK for that time, and who were then seeking to settle in the UK. This rule was scrapped on 9 July 2012. ILE has never been granted to spouse in your wife's situation.

ILE was never given to spouse of person settled in UK. It use to be given to spouse of British Citizen's only.

asim72 wrote:

Greenie wrote:Your wife is not eligible for ILE. ILE was previously given to spouses of British citizens/settled persons who had been married for at least 4 years and living together outside the UK for that time, and who were then seeking to settle in the UK. This rule was scrapped on 9 July 2012. ILE has never been granted to spouse in your wife's situation.

ILE was never given to spouse of person settled in UK. It use to be given to spouse of British Citizen's only.

see 281(i)(b)

The rules provided that ILE Would be granted to the spouse of a settled person in the circumstances i have described although clearly it was less common as the spouse with ilr would need to satisfy returning residence requirements, it was however possible, not that this makes any difference to the op's case.

Greenie wrote:

asim72 wrote:

Greenie wrote:Your wife is not eligible for ILE. ILE was previously given to spouses of British citizens/settled persons who had been married for at least 4 years and living together outside the UK for that time, and who were then seeking to settle in the UK. This rule was scrapped on 9 July 2012. ILE has never been granted to spouse in your wife's situation.

ILE was never given to spouse of person settled in UK. It use to be given to spouse of British Citizen's only.

see 281(i)(b)

The rules provided that ILE Would be granted to the spouse of a settled person in the circumstances i have described although clearly it was less common as the spouse with ilr would need to satisfy returning residence requirements, it was however possible, not that this makes any difference to the op's case.

hi,

Thanks all for your inputs.

I have finally received my ILR and will be going to India next week. Could you please comment on the following (and correct me as needed) for my wife's settlement visa.

> I will be using online application for my wife's settlement visa, as the application is made from India and will be filling the Appendix 2. After I submit the online form, will the fco intimate me about the vfs appointment? (I haven't submitted the application yet, but saving it everyday - so not sure how the vfs appointment will work)

> Will it be ok if I apply for by newborn baby's visa few months later or after my Wife's visa decision is reached? Or should I apply for the baby and mother together, Will it be affecting the decision in any ways?

> As my wife was living in the UK for past 2 years will she need to take the TB test?

Thanks in advance,
alladin